Nonconforming uses include buildings, structures, or uses which were lawfully existing prior to the adoption of this zoning code, but which are prohibited or further restricted as a result of the provisions adopted in this zoning code.
(A) All nonconforming uses are considered by this zoning code to be incompatible with the permitted uses of the zoning district in which the nonconforming uses are located.
(B) Nothing contained in this zoning code shall be construed to require any changes to be made, in the plans, construction, or designed use of any building, structure, or use on which actual construction was lawfully begun, or for which plans were officially approved by the city, prior to the date of adoption of this zoning code.
(1) Actual construction includes projects already under construction, whereby materials have been placed on the site and fastened together in a permanent manner; where excavation of a site has begun; or where demolition of a building to make way for rebuilding has begun, provided the construction, excavation, or demolition and subsequent rebuilding shall be carried on diligently.
(2) Officially approved plans shall include preliminary and final subdivision plans which have been approved by the city, prior to the adoption of this zoning code.
(C) All nonconforming buildings, structures, or uses of land which were lawfully existing prior to the adoption of this zoning code may be maintained and kept in repair providing no further enlargement of nonconforming buildings, structures, or uses of land shall occur. Any nonconformity may be altered to decrease nonconformity.
(D) Any nonconforming building, structure, or use of land, which is superseded by a use which is permitted within the zoning district in which it is located shall thereafter be in conformance with this zoning code, and the previous nonconforming use shall not be resumed.
(E) A nonconforming building or structure shall not be moved, in whole or in part, to any other location on the lot on which it is located unless it is made to conform with all the regulations of the zoning district in which it is located.
(F) Any nonconforming use of a building, or any nonconforming use of land which has been discontinued for a period of six (6) consecutive months, shall not be recontinued or reestablished unless it is made to conform with all of the regulations of the zoning district in which it is located.
(G) Any building, structure, or use of land which is devoted to a use which is not permitted by this zoning code in the zoning district in which it is located shall not be extended, enlarged, constructed, restored, reconstructed, moved, or structurally altered, except as hereinafter provided:
(1) To change its use to a use which is permitted and in conformance with the regulations of this zoning code.
(2) All nonconforming buildings, structures, or uses of land shall not be extended, enlarged, constructed, restored, or reconstructed following destruction greater than 60% of the replacement value immediately prior to the damage, unless in conformity with the provisions of this zoning code, except that;
(a) Nothing in this zoning code shall prevent the total restoration or reconstruction of any legal nonconforming single-family residence, so long as such restoration is actually begun within one year after the date of its damage or destruction.
(b) A residential nonconforming use of land located in any R or B District, except as provided for in § 154.04.01(G)(2)(a) may be extended, enlarged, restored, or reconstructed following destruction greater than 60%, one time after the date of adoption of this zoning code, subject to the approval of the Board of Zoning Appeals of the city.
(H) Nonconforming Lots of Record.
(1) The construction of a conforming structure or the conduct of a permitted use shall be allowed on any lot of record which existed at the time of adoption or amendment of this zoning code, and which has a lot size or frontage less than that required for the structure or permitted use in the zoning district in which the lot is located. Variances shall be granted in accordance with § 154.06.01.
(2) Such nonconforming lots must be in separate ownership and not of continuous frontage with other land in the same ownership at the time of adoption or amendment of this zoning code. Otherwise, development shall be permitted only in accordance with the regulations of the zoning district in which such ownership is located.
(3) An amendment to the zoning code as referred to in this section shall be interpreted to mean only those amendments which change the required lot size or frontage requirements of a lot of record in question.
(I) Conditionally Permitted Uses Not Considered Nonconforming Uses. Any use of a specific property which is conditionally permitted in a zoning district in accordance with the provisions of this zoning code shall not be considered as a nonconforming use in the zoning district in which it is conditionally permitted. The conditionally permitted use shall be considered a conforming use on the particular lot on which it is located.
HISTORY: (Formerly §154.182; Ord. 1990, passed 11-23-76; Am. Ord. 2306, passed 2-23-82; Am. Ord. 2739, passed 2-13-90; Am. Ord. 3441, passed 1-26-10; Am. Ord. 3677, passed 8-25-20)